Ackerman

In accordance with proceedings regularly taken for that purpose the common council of the city of San Diego, on the thirty-first day of July, 1918, adopted a resolution calling for a primary election to be held in said city for the purpose of nominating candidates for three offices of members of the board of education of that city, in case the incumbents be, recalled at a proposed recall election. The resolution was duly referred and presented to the defendant for the purpose of procuring from him a written certificate to the effect that the indebtedness incurred under the terms of said resolution could be incurred.without the violation of any of the provisions of the freeholders’ charter of the city. The defendant has refuséd to make the required certificate, basing his refusal upon the ground that the recall provisions of the charter do not apply to members of the board of education. In this proceeding the petitioners pray for a writ of mandate commanding the defendant to make the demanded certificate.

The duty of the city auditor to make certificates' of the kind here required is prescribed by section 14 of chapter 2 of article II of the charter of the city of San Diego. That…